NYC Mechanics’ Liens Attorney

Mechanics’ liens are critical for ensuring payment in the construction industry, but filing, enforcing, or contesting these liens in NYC requires skilled legal representation.

Richman Law Firm PLLC is here to help. We represent builders, contractors, suppliers, and property owners in matters involving New York mechanic’s liens.

Whether you’re looking to enforce a lien or seek for a lien to be discharged, our team is committed to providing strategic advice on construction lien disputes. Contact us today for a free consultation.

Tailored Legal Solutions for All Parties in Construction

Whether you’re a contractor, supplier, or property owner, having the right legal representation can make all the difference. We can offer services tailored to your needs, ensuring New York law and statutory requirements are met:

Representing Builders & Contractors

One of the most common construction disputes involves difficulty obtaining payment for services rendered. When this happens, general contractors and builders often struggle to cover operational costs, pay subcontractors, and invest in ongoing or new projects. We understand the unique challenges in New York lien law and have experience ensuring claims are filed correctly and within the necessary timeframe.

Representing Suppliers

Suppliers frequently experience delayed payments for materials provided to construction projects, which can impact cash flow and operational capacity. We recognize the importance of suppliers receiving timely compensation for their goods and services.

Representing Property Owners

A mechanic’s lien filed against real property can lead to a substantial financial burden for owners, and force the sale of the property to satisfy the debt. We have experience disputing claimed amounts, questioning the work’s completeness, and challenging the claim’s validity. We can help you navigate the legal process and provide mediation and litigation if necessary.

How Mechanic’s Liens Work

Mechanics’ liens are legal claims against a property by general contractors, subcontractors, or suppliers who have performed work or provided materials but were not paid. These liens are attached to the property title, making it difficult for the owner to sell or refinance until the debt is settled.

Satisfaction of Mechanics Liens

Once a mechanic’s lien has been paid in full, it must be discharged or released by filing a satisfaction of lien with the county clerk. This removes the lien from the title and allows the property owner to proceed with pending transactions. However, if the party who filed the lien refuses or fails to file a satisfaction of the lien after debts are fulfilled, they may be liable for damages.

Notice of Completion

New York does not require a Notice of Completion, but it can be beneficial in some circumstances since it formally declares the completion and acceptance of a project. General contractors, subcontractors, property owners, and material suppliers should consider consulting a NYC mechanics’ liens attorney to determine if filing the notice would be beneficial.

Filing Mechanics’ Liens in New York

It is crucial to follow the specific legal process and requirements to ensure that your mechanics’ lien in New York is valid and enforceable. Here is how a NYC mechanics’ liens attorney can help:

Notice of Mechanics’ Lien

A notice of mechanic’s lien is the official document establishing a lien against a property. In New York, it must be filed with the county clerk’s office in the county where the property is located. The notice must include the amount due, a description of the labor or materials provided, and the property’s legal description.

Enforcing a Lien

Enforcing a lien against real estate involves claiming the proceeds from the sale of a property to satisfy the debt. This requires a comprehensive understanding of New York mechanics’ lien laws, deadlines, and foreclosing processes following state law. A lien remains effective for one year from the filing date, and any enforcement action must be initiated within that timeframe.

Removing Mechanic’s Liens

Removing a mechanic’s lien from a property is key to maintaining a clear title and ensuring the sale or refinancing of a property.

Payment in Full: The easiest way to remove a mechanic’s lien is to pay the debt in full. Once settled, the lien claimant must file the satisfaction of the lien with the county clerk’s office, releasing the lien from a property.

Filing a Lien Discharge: If the lien claimant fails to file a satisfaction of the lien after payment, property owners can file a lien discharge.

Contesting the Lien: If you believe the mechanic’s lien was improperly filed, you could file a petition with the court. Grounds for contesting a lien can include errors in the lien document, fraudulent claims, or disputes over the work performed or materials supplied.

Requesting Payment Bonds: In some cases, removing a mechanic’s lien might be possible by requesting a payment bond (posting a bond equal to 110% of the claimed amount with the county clerk’s office). The bond replaces a property as security for the debt, while the property owner disputes the validity of the lien.

Contact Us for a Free Consultation

At Richman Law Firm PLLC, we have experience and understanding of New York State lien law. We can facilitate the serving and filing of mechanic’s liens in NYC by monitoring the completion, signing, and service of the liens to all relevant parties. Contact us today for a free consultation.